Samsara Hardware Terms of Service

These Hardware Terms of Service (“HTOS”) form part of the Samsara Master Terms of Service (“Agreement”) and are incorporated by reference therein as applicable. Any capitalized terms not defined herein shall have the definition set forth in the Agreement.   

1. Hardware Warranty. Samsara provides a Hardware warranty as set forth in the Hardware Warranty Policy section of its Hardware Warranty and RMA Policy at https://www.samsara.com/support/hardware-warranty. 

2. Hardware Installation and Non-Samsara Equipment Maintenance.  Customer is responsible for installation of the Hardware and ongoing maintenance of any Non-Samsara Equipment, including but not limited to installation in accordance with any Non-Samsara Equipment warranty.  Depending on the Customer’s intended use of the Products, Customer may require professional installation of the Hardware or ongoing professional maintenance of any Non-Samsara Equipment. If Customer is unable to install the Hardware or to conduct such ongoing maintenance, or if Customer is uncertain that Customer has the requisite skills and understanding, Customer agrees to consult with a qualified installer or maintenance professional. Improper installation of the Hardware or maintenance of the Non-Samsara Equipment can lead to damage of such Non-Samsara Equipment or dangerous or life-threatening conditions, which can cause property damage, bodily injury, and/or death. Customer may notify Samsara if Customer did not order the correct Hardware cables for Hardware installation. For more information on Samsara's Cable Exchange Policy, please see the Cable Exchange Policy section of the Hardware Warranty and RMA Policy.

3. Shipping and Delivery.  All shipments are FOB (2010) Origin, Freight Prepaid, and Charged Back.  Customer is solely responsible for confirming that each “Ship To” delivery address set forth in an Order Form is accurate, is in a country for which Samsara supports direct sales, and that any individual accepting delivery at that address is authorized to do so on Customer’s behalf.  Samsara shall have no obligation to ship Products to any unsupported countries. Samsara may ship Hardware under an Order Form subject to a schedule as mutually agreed between the Parties or as determined by Samsara. If Hardware under an Order Form is shipped in multiple shipments, the Samsara Software license term associated with Hardware shipped after the initial shipment will be set to expire on the same date as the Samsara Software license term associated with Hardware shipped in the initial shipment. The total cost of the Samsara Software licenses associated with such Hardware shipped after the initial shipment will be pro-rated based on their actual license term, rounded up to the nearest month, as compared to the full Samsara Software license term under such Order Form. Certain payment amounts set forth in an Order Form assume that all Hardware under such Order Form is shipped at the same time and are subject to potential reduction by Samsara based on the actual schedule of Hardware shipment.

4. Firmware. The Firmware is licensed, not sold. The Firmware license for each item of Hardware is contingent upon Customer purchasing and maintaining a valid license to the applicable Samsara Software.  For clarity, the license for Samsara Software that is provided in conjunction with a Hardware unit is only valid for use with that Hardware unit, unless the Hardware unit is replaced pursuant to the Hardware Warranty Policy and RMA Policy. Except in the case of a free trial and subject to the Product Trial Hardware Returns section of the Hardware Warranty and RMA Policy, Customer owns the physical title to the Hardware that Customer has purchased or has otherwise acquired in relation to an Order Form. Samsara and its licensors exclusively own all intellectual property rights in Hardware.  Samsara further retains ownership of the Firmware, including all intellectual property rights therein. Customer acknowledges that the Firmware is protected by patent, copyright, trademark, and other laws of the United States and foreign countries. Samsara reserves all rights in the Firmware not expressly granted to Customer in these HTOS.  Customer acknowledges and agrees that portions of the Firmware, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Samsara and its licensors.    

5. General. Samsara continuously improves the Hardware, and may from time to time (i) update the Samsara Software and cause Firmware updates to be automatically installed onto Hardware; (ii) update the Apps; or (iii) upgrade Hardware to newer models. If Samsara discontinues supporting a Hardware model and the associated Samsara Software that you have ordered from Samsara in accordance with these HTOS prior to the applicable License Expiration Date without offering to replace them with an updated or comparable version or model, either Party may terminate the applicable Order Form with respect to the applicable Products, and if so terminated you may request a Refund for such Products.

6. Definitions. 

6.1 “Firmware” means software embedded in or otherwise running on the Hardware. 

6.2 “Hardware” means the Samsara hardware devices such as gateways, cameras, sensors, controllers, vision systems, and accessories, and any improvements, developments, modifications, patches, updates, and upgrades thereto that Samsara develops or provides.

6.3 “Hardware Warranty and RMA Policy” means the Hardware Warranty and RMA Policy set forth at https://www.samsara.com/support/hardware-warranty. 

6.4 “Non-Samsara Equipment” means the vehicle, equipment, asset, building, structure, or item into which Hardware is installed. For the avoidance of doubt, Non-Samsara Equipment does not include any Hardware.